The URL can be used to link to this page

Home My Public Portal About2019-03-12 packetNotice of Meeting & Tentative Agenda Jefferson City Board of Adjustment Tuesday, March 12, 2019, 7:30 a.m. John G. Christy Municipal Building, 320 East McCarty Street Council Chambers All interested parties will be given a chance to be heard. TENTATIVE AGENDA 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff 2. Procedural Matters and Procedures Explained 3. Adoption of Agenda (as printed or reordered) 4. Approval of Minutes from the Regular Meeting of February 12, 2019 5. Communications Received 6. New Business Public Hearings Case No. B19004 - 311 & 320 Hoover Road, Conditional Use Permit. Request filed by Missouri American Water Co, property owner, for a Conditional Use Permit for office and operations facility including outdoor storage of maintenance and heavy equipment in a M-1 Zoning District. The property is located at the end of Hoover Road and is described as part of Tract 5-B of the Parcel Division recoded in Survey Record Book B, page 105, City of Jefferson, Cole County, Missouri (Central Missouri Professional Services, Consultant). 7. Miscellaneous Reports 8. Other Business 9. Adjourn Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call 573-634-6410 for information regarding agenda items. MEETING MINUTES JEFFERSON CITY BOARD OF ADJUSTMENT February 12, 2019 BOARD MEMBERS PRESENT Andrew Hake, Vice Chair ' Katy Lacy Brad Schaefer Adam Cartwright, Alternate Sharon Keating, Alternate Jamie Seaver, Alternate ATTENDANCE RECORD 4 of 4 4 of 4 3 of 4 3 of 4 4 of 4 3 of 4 BOARD MEMBERS ABSENT Stacey Young, Chairwoman 2 of 4 COUNCIL LIAISON PRESENT David Kemna STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Planning Manager Bryan Wolford, Associate City Counselor Ian Zollinger, Planner Ahnna Nanoski, Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex -Officio Members and Staff Vice Chairman Hake called the meeting to order at 7:30 a.m. and introduced Board members and asked staff to introduce themselves. A quorum was present to hear the items on the agenda. The following members were designated to vote: Hake, Keating, Lacy, Schaefer, Seaver. Those wishing to speak to the Board were sworn in. 2. Procedures Explained Vice Chairman Hake explained the procedures of the meeting. Mr. Zollinger entered the following documents as exhibits for all items under consideration at the meeting: 1. The City Code of the City of Jefferson, as amended 2. The Comprehensive Plan and Land Use Map 3. Copies of applications under consideration 4. A list of Property owners to whom notice of the hearing was sent 5. The affidavits of publication of notice of the public hearing 6. Copies of drawings and plans under consideration 7. Letters and memoranda from City staff 8. Staff reports and minutes of proceedings 9. Materials submitted by the public or the applicant 10. Rules of Procedure for the Board of Adjustment 3. Adoption of Agenda Ms. Lacy moved and Ms. Keating seconded to adopt the agenda as printed. The motion passed 5-0 with the following votes: Aye: Hake, Keating, Lacy, Schaefer, Seaver 4. Approval of Minutes from the Regular Meeting of January 8, 2019 Ms. Lacy moved and Ms. Keating seconded to approve the minutes as printed. The motion passed 5-0 with the following votes: Aye: Hake, Keating, Lacy, Schaefer, Seaver 5. Communications Received No correspondence was received. Minutes/Jefferson City Board of Adjustment Page 2 February 12, 2019 6. New Business — Public Hearing Case No. B19002 - 3104 S Ten Mile Drive, Signage Variance. Request filed by Texas Roadhouse Holdings LLC, applicant, and 3104 S Ten Mile Drive LLC - Donna Maxwell, property owner, for a variance to the Chapter 3 of the City Code Section 3-7.B.4 ( Roof Mounted Flags or Flagpoles) to be able to install 2 roof mounted flag poles. The property is located on the North side of South Ten Mile Drive 400 feet East of the intersection of South Ten Mile Drive and Missouri Blvd and is described Part of the Southeast Quarter of the Northwest Quarter of Section 10, Township 44 north, Range 12 West, in the City of Jefferson, Cole County, Missouri. Mr. Zollinger described the proposal and explained that the property is zoned C-2 General Commercial. He stated that the subject property is the former site of Orscheln's Farm and Home. Mr. Zollinger explained that the applicant is proposing to build a restaurant on the site. He stated that the purpose of the request is to install two roof mounted flagpoles for the proposed restaurant. Mr. Zollinger explained that roof mounted flagpoles are prohibited within Chapter 3 of Advertising and Signs. He stated that in order to permit the roof mounted flagpoles, the property owner has applied for a variance to the section of the city code that the flagpoles are in conflict with. Mr. Jason Boling, Greenberg Farrow, 21 South Evergreen Avenue, Suite 200, Arlington Heights, IL spoke regarding this request and explained that they represent Texas Roadhouse Restaurant and their entitlements. He stated that they are proposing two rooftop mounted flagpoles with one displaying the United States flag and one displaying the State of Texas flag. Mr. Boling explained that the proposed flagpoles are 12 feet in height and would bring the total height of the building to 39 feet 6 inches. He stated that without the flagpoles the total height of the building would be 27 feet 6 inches. Mr. Boling explained that the nylon flags would be approximately 5x8. He stated that the flags are part of the Texas Roadhouse Restaurant brand, since they do not do a lot of advertising. Mr. Boling explained that Texas Roadhouse Restaurant feels that the flags are essential to the success of their restaurant and that is the reason for requesting the variance. He stated that this will be a total site demolition. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report and explained that the required findings for the proposed signage variances appear to be met. The location of the roof mounted flagpoles would have little effect on adjacent properties due to the significant separation distance between buildings and presence of the highway. Ms. Lacy moved and Mr. Seaver seconded to approve the variance in order to permit two roof mounted flagpoles. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Keating, Lacy, Schaefer, Seaver Case No. B19003 - 202 Boonville Road, Fence Height Variance. Request filed by Melanie and Kevin Bullard, property owners, for 2 foot variance to the maximum height of a fence in the front setback area of 4 feet to permit a 6 foot tall fence at the property line adjacent to Hayselton Drive. The property is located north of the intersection of Boonville Road and Hayselton Drive and is described as Lot Number Fifty-three (53) of Block Number Three (3) of Sunset Place Addition, a subdivision of Part of Section No. 1, Township 44, Range 12, and Section Nos. 35 and 36, Township 45, Range 12, Cole County, Missouri. Mr. Zollinger described the proposal and explained that the subject property is zoned RS -3 Single Family Residential. He stated that the property owner is requesting a variance to the maximum height of a fence within the front setback adjacent to Hayselton Drive. Mr. Zollinger explained that the fence currently exists and was installed by a previous property owner before the current property owners purchased the property and was built without obtaining a building permit. He stated that the property has two street frontages one on Boonville Road and one on Hayselton Drive. Mr. Zollinger explained that the property is of an irregular shape and is wedged between Boonville Road and Hayselton Drive. He stated that the current fence height is 6 feet, whereas the maximum height of a fence in the front setback is 4 feet. Minutes/Jefferson City Board of Adjustment Page 3 February 12, 2019 Ms. Melanie Bullard, 202 Boonville Road, spoke regarding this request and explained that they purchased their home on November 30, 2018 and as part of the contract they requested that a privacy fence be installed. She stated that the homeowner at that time obliged and built the fence unbeknownst to them without a building permit. Ms. Bullard explained that they received a letter in December 2018 from the City stating that they were in violation of the City Code with having a 6 foot fence as opposed to an allowable 4 foot fence in a front yard. She stated that was the reason for applying for a variance to allow the existing 6 foot fence. No one spoke in opposition to this request and no correspondence was received. Mr. Zollinger gave the Planning Division staff report and explained that the required findings appear to be met. The irregular shape of the property combined with the property having two street frontages results in a hardship that can be relieved through a variance to the maximum height of a fence in the front setback. Ms. Keating moved and Mr. Seaver seconded to approve a 2 foot variance to the maximum height of a fence in the front setback area of 4 feet to permit a 6 foot tall fence at the front property line adjacent to Hayselton Drive for the existing fence. After discussion, the motion passed 5-0 with the following roll call vote: Aye: Hake, Keating, Lacy, Schaefer, Seaver 7. Miscellaneous Reports None. 8. Other Business None. 9. Adjournment The meeting was adjourned at 8:00 a.m. Respectfully submitted, Anne Stratman Administrative Assistant Jefferson City Board of Adjustment March 12, 2019 Case No. B19004 Missouri American Water Company 311 & 320 Hoover Road Conditional Use Permit for office and operations facility including outdoor storage of maintenance and heavy equipment in a M-1 Zoning District STAFF REPORT BOARD OF ADJUSTMENT — CITY OF JEFFERSON, MISSOURI March 12, 2019 Case No. B19004 - 311 & 320 Hoover Road, Conditional Use Permit. Request filed by Missouri American Water Co, property owner, for a Conditional Use Permit for office and operations facility including outdoor storage of maintenance and heavy equipment in a M-1 Zoning District. The property is located at the end of Hoover Road and is described as part of Tract 5-B of the Parcel Division recoded in Survey Record Book B, page 105, City of Jefferson, Cole County, Missouri (Central Missouri Professional Services, Consultant). PUBLIC NOTICE By publication in the newspaper, letter to adjacent and affected property owners within 185 feet, and by property sign posting. NATURE OF REQUEST The property consists of 8.49 acres and is Zoned M-1 Light Industrial. The property was recently rezoned; the purpose of the rezoning was to facilitate the future redevelopment of the property for Missouri American Water Co, to relocate their existing office and operations facility. Such a facility is a permitted within the M-1 Zoning District, but the addition of outdoor storage requires a Conditional Use Permit. Zoning and Surrounding Land Us The subject property is zoned M-1 Light Industrial STAFF ANALYSIS FINDINGS REQUIRED The applicant has provided responses to the required findings. In reviewing this case, the Board may wish to consider the following questions: 1. Are there any practical difficulties unique to this property which under strict and literal adherence to the provisions of the zoning regulations would cause the applicant an unnecessary hardship? 2. Would the appearance and value of surrounding properties be damaged if the variance is granted? Findings for Conditional Use Permit The following findings are associated with conditional use permits. (Section 35-73.A.4 Finding Surrounding Zoning Surrounding Uses North RA -2 Apartments South M-1 Industrial Warehouse/ Recycling Center East RS -2 Cemetery West C-2 Commercial/ Water Tower STAFF ANALYSIS FINDINGS REQUIRED The applicant has provided responses to the required findings. In reviewing this case, the Board may wish to consider the following questions: 1. Are there any practical difficulties unique to this property which under strict and literal adherence to the provisions of the zoning regulations would cause the applicant an unnecessary hardship? 2. Would the appearance and value of surrounding properties be damaged if the variance is granted? Findings for Conditional Use Permit The following findings are associated with conditional use permits. (Section 35-73.A.4 Finding Yes No Comments The proposed use is consistent with the goals, objectives, and policies of the Comprehensive X The property is zoned M-1 and designated as intended for industrial use on the Plan. development plan map of the comprehensive plan. Use of the property as an office and operations facility including outdoor storage of maintenance and heavy equipment is an appropriate industrial use. Finding Yes No Comments The proposed use complies with all applicable provisions of the zoning district regulations and conforms to the general intent and purpose of the Zoning Ordinance X The site development would meet the zoning district regulations including setbacks and buffer yards. The proposed use complies with all fire, health, building, plumbing, electrical and storm water drainage regulations of the City and regulations of County, state and federal agencies. X A final site plan detailing compliance with all applicable regulations would be required prior to issuance of a building permit for the development. The proposed conditional use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity. X While the subject property borders property that is zoned RA -2 and RS -2, the development of the property as an office and operations facility including outdoor storage of maintenance and heavy equipment would be similar in character to other existing uses in the area. The proposed use is compatible with and preserves the character and integrity of adjacent development and includes improvements to mitigate adverse development -related impacts, such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods. X The impact of outdoor storage can be mitigated through the required bufferyard in the zoning code and additional screening as required by the section on specific use standards found in Section 35-41.16(a) and (b) of the Zoning Code. Staff believes that the installation of landscaping trees and fence along the northern property line would help to mitigate the visual nuisance of outdoor storage on the adjacent, undeveloped, multi -family zoned property. The proposed use does not generate pedestrian and vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood. X The proposed use would not generate a dangerous level of vehicular traffic. Adequate utilities exist to serve the proposed conditional use. X Adequate utilities exist in the area to serve the development. STAFF RECOMMENDATION With the staff recommended conditions the required findings appear to be met. The impact of outdoor storage can be mitigated through additional landscaping. FORM OF MOTION Motion for approval of the proposed Conditional Use Permit to allow for the use of outdoor storage with the following condition: 1. A row of trees of 5 per 100 feet and a 6' tall screening fence be installed along the North property line. NI :, M. Nro ,'f .% >� •Ti � '- k r'{. om. �' y is :.' 1 City of Jefferson Board of Adjustment LOCATION MAP 177;9 -70 - _r; RA -2 CHERRY CREEK CT I iV �W MAIN,ST. N_gLVD -W-T'RUMA `!N • is ./� oSrRI 0.1 LC -2 i p AC:pI= if/ • if Te w w U a: 44. Case No. B19004 311 & 320 Hoover Road Conditional Use Permit 0 165 330 660 Feet City of Jefferson Board of Adjustment VICINITY \`, 04 ,0,.> \ o 1Y-1 re w N L\ ▪ Q W z W < \ 1 0 w \ \ < o LIVINGSTON ST' moi? `� 4 i a -w -- /Z r W U � ,COUNTRY CLUB-3,DR J w H1NY=50=HWY�50 0 L,� C w --^ MISSOUR►_gLU -ifti Case No. B19004 311 & 320 Hoover Road Conditional Use Permit 0 600 1,200 2,400 Feet City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanninq(&jeffcitymo. orq www. jeffersoncitymo. gov Date filed: APPLICATION TO THE BOARD OF ADJUSTMENT 1. The undersigned hereby request(s) the following: El Conditional Use Permit (Section 35-73A; Section 35-71, Site Plan) ❑ Variance (Section 35-73B; Section 35-71, Site Plan) ❑ Appeal of Administrative Decision (Section 35-73C) ❑ Chapter 3, Advertising and Signs: Signage Variance or Conditional Use Sign Permit ❑ Chapter 31, Article III, Floodplain Management; Variance to Flood Hazard Regulations ❑ Other (including Interpretations; please describe in #2 below) 2. Describe exactly the type of project proposed or what is being requested and the purpose of the request. Cite affected Section numbers if known (or attach separate sheet). Construct a new Office & Operations facility for Missouri American Water Co. Conditional use permit is needed to permit outdoor storage in M-1 zoning district 3. The application is filed for the following described real estate: (the correct legal description of the property must be printed below or attached to this application). A. Street Address: 311 & 320 Hoover Road See Attached Description B. Property Description: 4. A site plan in accordance with Section 35-71 is required for conditional use permits and variance applications. A "sketch" site plan may be required for other applications such as conditional use sign applications. 5. Filing fee: $300 + $100 advertising fee. A check payable to the "City of Jefferson" for the application filing fee must be attached to this application. Revised July 1, 2018. 6. Response to Required Findings: Applicant responses to required findings must be attached. The required findings vary based on type of application as follows: a. Setback, lot area or dimension variance — Addendum A (Density and Dimensional) b. Height variance — Addendum B c. Fence height variance — Addendum C d. Number of parking spaces variance — Addendum D e. Location of off street parking variance — Addendum E f. General Variance (variances not associated with other addendums) — Addendum F g. Conditional use permit — Addendum G h. Telecommunication facility conditional use permit — Addendum H i. Signage: 1. Signage variance — Addendum I 2. Conditional use sign permit — Addendum J j. Appeals of administrative decision — Addendum K k. Variance to Floodplain Regulations — Addendum L Page 1 of 10 7. The undersigned certify to be all of the owner(s) of the above described property and that the submitted information (including all attachments to this application) is true and correct. II owners of this property must sign and the signatures must be notarized). roperty •w er ignature Property Owner Signature Printed Name/Title (type or print) p&we.g.e,^ Printed Name/Title (type or print) Subscribed and swom before me this 5"4 -day of F.P.64(44m.lr, e94 /1 . MARY BETH HERCULES Notary Public • Notary Seal STATE OF MISSOURI St. Louis County My Commission Expires April 26, 2020 Commission # 96546828 71/ittAIMKASI/A. Notary Public Applicant tir airrerent rrom property owner): Name Mailing Address Phone Number Specific information may be required depending upon type of application. Please refer to the appropriate Chapter. Other permits, including building permits and sign permits may be required in addition to Board actions. Please seek advice of City staff or your consultant, if applicable. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Page 2 of 10 Jefferson City Board of Adjustment Application Addendum G — Conditional Use Permit To be used for conditional use permit requests. (Section 35-73.A.4) Property Address 311 & 320 Hoover Road Applicant Name Missouri American Water Co. Provide responses to the following required findings. State all reasons for your answer and use additional pages to complete your answer if necessary. Findings of Fact: 1. Is the proposed use consistent with the goals, objectives and policies of the Comprehensive Plan? The relocation of the existing office and operations facility to this site will allow MAWC to update and expande the capacity of water treatment facility which serves a large portion of Jefferson City. This is consistant with the Comprehensive Plan goals of promoting and protecting public health, safety and welfare; protect and enhance economic climate; and efficiently provide essential public services and utilities 2. Does the proposed use comply with all applicable provisions of the zoning district regulations and conform to the general intent and purpose of the Zoning Code? The proposed use complies with all provisions of the M-1 zoning district. The property is surrounded by other M-1 uses. Buffer yards will be provided where adjacent to residential and commercial properties 3. Does the proposed use comply with all applicable fire, health, building, plumbing, electrical and stormwater drainage regulations? The proposed use will comply with all other applicable codes and regulations. 4. Is the proposed conditional use materially detrimental to the public health, safety, convenience and welfare or does it result in material damage or prejudice to other property in the vicinity? The proposed use will have minimal impact to the public or adjacent properties. Outdoor storage on the site will be isolated from the public access by fences and gates. Buffer yards and elevation changes will seperate the site from adjacent residential and commercial properties. Jefferson City Board of Adjustment Application Addendum G — Conditional Use Permit Page 2 5. Is the proposed use compatible with and does it preserve the character and integrity of adjacent development and include improvements to mitigate adverse development related impacts such as traffic, noise, odors, visual nuisances, or other similar adverse effects to adjacent development and neighborhoods? The site is isolated at the end of Hoover Road which is also zoned for industrial use. There is minimal traffic generated by the site. There will be no odor impacts. The minimal visual and noise impacts will be mitigated with the use of buffer yards. 6. Does the proposed use generate pedestrian and/or vehicular traffic which will be hazardous to the existing and anticipated traffic in the neighborhood? The use will generate no pedestrian and minimal vehicular traffic. 7. Do adequate utilities exist to serve the proposed conditional use? Adequate utilities are available on the site. City of Jefferson Department of Planning 8 Protective Services 320 E. McCarty St. Jefferson City, MO 65101 February 26, 2019 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, A!CP, Director Phone: 573-634-6410 Fax: 573-634-6562 This letter is to notify you that the Jefferson City Board of Adjustment will meet at 7:30 a.m. on the morning of Tuesday, March 12, 2019 in the Council Chambers of the John G. Christy Municipal Building, 320 E. McCarty Street, to consider the following item of business: Case No. B19004 - 311 & 320 Hoover Road, Conditional Use Permit. Request filed by Missouri American Water Co, property owner, for a Conditional Use Permit for office and operations facility including outdoor storage of maintenance and heavy equipment in a M-1 Zoning District. The property is located at the end of Hoover Road and is described as part of Tract 5-B of the Parcel Division recoded in Survey Record Book B, page 105, City of Jefferson, Cole County, Missouri (Central Missouri Professional Services, Consultant). As an adjoining landowner and/or neighbor, you are being provided notice of this hearing. Unfortunately, we are unable to record comments received by telephone, but written comments will be made part of the official record. Written comments may be directed to the Board of Adjustment in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Department of Planning & Protective Services, Planning Division, 573-634-6457 mail: Department of Planning & Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street, Jefferson City, MO 65101 Written comments must be received before 5:00 p.m. Monday, March 11, 2019 and will be copied and distributed to Board members at the meeting. Correspondence and other items received at the time of the meeting will be included in the official record, but may be delivered to the Chairman only; there is no guarantee that copies will be made for distribution to all Board members. Interested parties who are unable to provide written comment in advance are invited to deliver their comments to the Board Chairman at the time of the meeting. Information regarding this case may be viewed on the Board of Adjustment webpage at: http://www.jeffersoncitymo.qov/government/planninq/board of adiustment.php If you have any questions concerning this matter, please feel free to contact me at 573-634-6475. Sincerely, Ian Zollinger Planner Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Jefferson City Board of Adjustment Page 1 Property Owner List Case No. B19004 311& 320 Hoover Road March 12, 2019 JEFF CITY DEVELOPMENT L L C 7935 CLAYTON RD ST LOUIS, MO 63117 2730 W MAIN ST DOUBLE VISION ENTERPRISES L L C 825 SHANON DALE CT JEFFERSON CITY, MO 65109 CHERRY CREEK CT CITY OF JEFFERSON 320E MCCARTY ST JEFFERSON CITY, MO 65101 302 ROCK HILL RD 179GROUPLLC 419 VIRGINIA TRL JEFFERSON CITY, MO 65109 470 ROCK HILL RD BRM 2002 LLC 210 KAYLOR BRIDGE RD CENTERTOWN, MO 65023 214 HOOVER RD PREFERRED FAMILY HEALTHCARE INC PO BOX 767 KIRKSVILLE, MO 63501 210 HOOVER RD RIVERVIEW CEMETERY ASSN 2600 W MAIN ST JEFFERSON CITY, MO 65109 2600 W MAIN ST CHERRY CREEK PROPERTY INVESTMENTS L L C 6516 HANSEN TERR JEFFERSON CITY, MO 65109 CHERRY CREEK CT MISSOURI - AMERICAN WATER COMPANY 727 CRAIG RD ST LOUIS, MO 63141 290 ROCK HILL RD Case No.B19004 311& 320 Hoover Road Conditional Use Permit 185 ft. Notification Buffer GARDEN VIEW DR _____------7 I— s 0 145 290 580 870 1,160 Feet